The Sun. — London, England, 1826-08-18 00:00:00

0-7-1 .~,! 1~ ~, _ h , n , FY,A Ali q .oF - lik ti 1 ,..._. .. , . TVIIIGTONS' CATALOGUE of OLD BOOKS. The Public are respectfully informed that a supplement is just puhlished, price 2s. ' 4 * A few Copies remain of the Catalo g ue, printed in 1924, in one thick Volume, Svo. price lbs. boards. 148, Strand, near .Somerset-House. UNITED MEXICAN AIMING ASSOCIATION. No. 13, Old Broad-street, Aug. 18, 1826. THE COURT of DIRECTORS hereby gibe Notice, tli‘t * payment of 21. IN. per Shere,- It to be made by the Pr4rietora, to Messrs. Ilosenquet a l l a Co. No. 73, Lombard -street, Bankers to the Associt.': l6o , - on or before the 18th of Septc - mher next. it. 1-MAl'l-WIELD, Secretary. rrfl "fi: Lorke C OFFICIAL. ommissioners of his Majesty's-Trea • -AL wry, authority of Parliament, having peremptorily fixed W EDN T LS`DAY; the 19th of Octiker, for the positive conclusion . of all Lotteries, the Public are respectfully reminded, thie is the ititt of all oortunities that will ever occur to gain Thirty Thou-' Soul Pounds pp in One Day, by the venture of a mere trifle. And w hen the iminense population of the United Kingdom, added to all Foreigners (who have equal right to gain a fortune by the Lottery as Englishmen,) are considered—that ,there are, but a limited number.' of Tickets to meet the demand-,that in former Lotteries, with but Two or at moat Three. Capitals of 20,0001., the Price has tient to a Hundred Pounds* Ticket, whilst in the present Last and Only scheine that.can ever be offered, there are the unprece dented number-of SIX .Prises of 30,0001. all to be drawn in One Day. It is recommended to every one to take, without delay, a farewell venture, for one of the Six Thirty Thom/tag before Lotteries end"for ever. Tickets And Shares are selling s hy J. and J. Sivewright, Con tractors, No. 37, Cornhill ; li , Holborn ; end . 38, Haymarket . ; who shared and Old-12,478A Prize of 80,000/.---3, IS, 21,0551., —and in the hot LOtteL 1,783, 21,000 L-3,925, 21,0001. ! 131,1,10U5/AND LIVER COMPL'AISTS AS a 0 1 04'i:end effectual . Remedy for all those 1 )41 )r/tees which origwate vitiated action of thy ivvr and ().g,111,, namely, Lost' sit Amie - - 11,attion Ft..tuleticiek, Sfmtme, Coxtive, Elt Ae.eri to- t,iv,r, Rte. 1.4 e. DIXON'S ANTIIIILI. OUS VILLS have nut with more getsetal ttypttotO him othe,! Medic:foe whattoei cr. They unite eve c r y ectoo m toola tow, o f 'o dd ovet 400(1 with totc.cc‘thil effect I loot require our rich aloft ut cuiffinetticift whitever during their 111 C. In Ir.r V i tal 1 , 1 , het v the otoserittences of retloodAtit 41111 et. tiered Bile are lb ItErvalent nod ahteming, they are an inrolti• a hlt and efficient protectiott. They arr. ,peoiliatly . ( Ovulated 'to cori*cct dt,orslcta at%sin;; from excesses of tn. Table—to I estote the Tone of the Stomach—.rod to temovt mull CootiOMittt, tote.l.4ionetl by Ittegolat tty ot.the tiowels, ,tt t,. 45d., iis., atol 424., by liut th,rtsi4lt '4, Cbetitt.idt, Comet of St. Paul's; ,and 54, '`luk vint.bt reeii F 1 oh I ; vury and Co. I 3fi, New 13 owl- I tt e", and Beg ot-itsett; Lon;1011: arbi by ( be PrilltiP 4l ' 6,ll, Atte-render*, lloottgitoot.tKeitlitileol Kiogdoto. whom PARSON'S HOOPIN(' COUTM "EnICINF„ an effectual afid safe yeluedy for this da tigel offs eolopldint.. In D'ackits, cit 2s. 9d. ' 'HE COLOMBIAN GENERALS. 'Bolivar it 12 years old; his disinterestedness is univer sally extolled, and he frequently disposes of part of his Ineor n t in pensions to the Nvidows and children of the men !Om fell in battle. His education has, indeed, been great 1Y neglected, but a residence of considerable duration in Europe has given him a taste for the languages and read ing, abd iii both he has made uncommon progress. He may be compared with Sertorins, whoosalso, though with lass success, laid the foinitlation of a republic in the hap py islandS of the west. We might be apt to conclude, from his mode of wiirferei his long marches' in order to come unexpectedly upon the enemy, and the , celerity with Which he ttaverses.immense,distances in search of them, that he is rather a bold skirmisher, than fitted to be the leader' of a large artnY:—With a great deal of pains, lie has established a government which is :framed,.though. Bit an Imperfect manner, upon the model of that of the United Stott ; and which, in the first years of its exist *het, wasionly kept ill order by the influence of his sol diery. , This last is for the most part composed of herds men, whom he broUght with him from the Plain of Bogota, and as the greater proportion of them belong to the race of 94 1 Pulattoeii, it became-necessary to treat that dais with g r eatsonsidOLtion, and to reward them liberally. Throilih a singular good 'fortune, he has never once been wounded; lietiCeitistenerniee take occasion to say, though un justly, that he is deficient in bravery. He does not want eloqueneei . his language is full of fire, but often dif fuse ; and he finds great di ffi culty 'in expressing himself succinctly in Spanish. In his youth he married in Spain ; bnt his wife died a few years afterwards and he seems to hasce resolved to live the rest of his life as a widower. All his kinsmen fell in the war, and he has only 'an old uncle remaining , . who is living in ' A throne lies no temptation for him. Miranda says America is now tell fitted for the republican form of Government, but Bolivar, him resolved that that Government shall not become, monarchical. The title, of Libertador which has "en- decreed to him, is a new term in all languages. No one has ever had any cause to accuse him of tyranny; a rid if we except the exile of the disaffected, and the s equestration of their properties (a measure, perhaps; Justified by its necessity), nothing worse can be said vif him than that he has sometimes had recourse to re prisals in war. The Spanish monarchy in South America received the severest blows from a sort of Martar or Arabian Scheikh, namely, the mulatto Pees. At the head of some thousands of his wild cavalry hussars he has often put to the . route the di sc ipli ne d squadrons, especially t h e h ussar s, of Ferdinand VII. This man might. easily have played on the haulm of the O r i noco the same game t h at Artigas played on the banks of the Plata ; l remained true to Bolivar, ( t ill lately) whose excellent co nduct had won him to his pa r ty. Paez shows muchness, certain degre e o f polish . but notwithstanding his natural a ' inclinatien for ease and lives idleness, he - en tire ly upon a footin g w i t h hi s followers. When among there, he ihares this meals, sports, and exercises; no one r id e s b etter t h an b!,or manages . t h ' e lance with it surer hand, or assaults the enemy with greater fury. Thus his power is unlimited among his undisciplined soldiery, who comp ly in all things with $ comm an d er ' w h o sets them an exa mple of personal bravery, and same execute his order s w ith the See p-rornpti . tude•as #laves. His fortu ne was increase s by numerous presents,: and Spaip deprived of a man who became the terror of her troops. Nontilla is ,ibe rival of t his com man d er i n t h e p l a i ns. Originally in the Spanish bcdi , he' thought to find the means of bett ering his fortiutil rd iii the revoluti on . Th e influence he possess e d is looked ui n , oa n wit o h r a jealous eye by the government ; and although by in . Cartbagena, • it was always coirsiitres he was placed too near Caraccas, where tho nobility would that w he y "' u p a l ea d er in opposition to Bolivar, and willin)" set wanted to se lect • Montilla for that purpose. He excels iii can venation. . Educated its w i t h ease , Which the p art Pe Colombiansohfetheetelnecab himself only do with difficulty. He is cha rged with ' deceit; 1 his Main silence On some occasions , and an d --- ons, apparent discon tent, Wive, been interpreted into proofs that ha , wears le i s mantle upon hoth.ahoulders; b ut t hi s i s on l y ambitioa which lie wishes to conceal, and which he is afraid of traying to discovery. And, moreover, it is known that he has euesnise for hate, such as 'is never easily forg otten. lie eantiotbut remember that, in 1811, Bolivar s wore, i moment of pension, that he would cause hi to be shot a the moment he fell into his hands; and, when :he b mistook General Miranda and the party of p atr i ots for ins, de clued h e , wn t ikl expose him ,four...and-twenty hours to the tic: of the people in an. iron cage. pirr ' - r . Thikii men are subordinate to Boliiiir; rather as his under-generals than his equate. might, after hi s d ea th, in the event Of his defeat, t he • P l ace bull %elf st the head of a party, of which each lois aniter4c ,kt:Ckt44 l l4lielf. Were tins to. take place Bolivar gr ;:. `', , v,, i i l 44P)pfatti with Alexander.. Paez, with sus th e kolf!leell himself of the plains, Montilla of t i t 2f7l,f i ceteccas, Padilla of the coasts, and Suers of friAlleil of Quito.--.Ettitiburah .06seiver. i'!-• ": - --",..-•- , • • • - ti . ,L,' . '• ', i 7:: ..,;!! -.-•.? , ~, r 1 -, ~,'•! ' . ', A, \ \ ..., _ '•' ' ' t , '' _,. ''`.. No. 10,588. ASSIZE INTELLIGENCE. LANCASTER, WIMNTSDAY, Aua. 16. THE KING v.,WILLIAIII WAKEFIELD. In expectation of an allusion being made ti this case this morn ing, the Court was crowded to excess, as soon as the doors were opened. Many ladies were present ; amongst them Lady Copley, &c. Mr. Justice PARK having taken his seat at nine o'clock, the, Attorney General of England, Mr. Searlett, Mr. Sergeant Cross, Mr. Williams,• Mr. Breugham, and the several Counsel in the case came into Court. Some little embarrassment occurred as to the right of prece dence ih the Counsel, as Mr. Scarlett, who is Attorney-General for the County Palatine of Lancaster, seemed averse, from cour tesy, tq enforce his.clidm. This, however, was put an end to, by his Lordship saying, genii humouredli to Mr. Scarlett, " Oh, take yqur place opposite me. That is your place, you are enti tled to the precedence here." Mr. Scarlett then, as'Attorney- General tor the County Palatine, took the first place at the bar. Mr. SCAKIATT then said—T should be Ashamed, upon a motion which I thought would be granted as a motion of course, to.troubie your Lordship with any detailed argument in its aid, if it was not in rompliment to my Learned Friend the Attorney-General, who has been brought down from London, and other persons of die -6114 *k who have been instructed to oppose this application. 'My Lord, 'the party for whom I appear here is William Wakefield, who is, as your Lhisiship knows, indicted for a misdemeanour, with another principal, his brother, under the statute of Philip and, If this proceeding had taken place antecedent to the . statute of 60 Geo. 111., and that - the defendant was now apply ing, upon his.commou law right, there is no doubt but that he Would, have a right, as a matter of course, to postpone his trial to the next Assizes. That statute was made because of some ur gency for suppressing political discussion at the time, and its ob ject was to give a more summary mode of checking the commix lion of those political offence& It has been since extended to all cases of misdemeanour, and I do not now dispute but that he may be tried; but the question is, whether, under so highly penal a statute art this, your Los thisip, in the exercise of yo u r discretion as a Judge, will not give him leave to implead to the,miStietneanour, or postpone the trial altogether. Upon the first point, therefore, I am now about to address myself to your Lordship's discretion. Mr. Justice Pasta—Before yOu go farther let me have the sta tute before me. Go on, Mr. Scarlett. Mr. Scani,err—My Lord, I hold in my hand an affida. vit, stating the absence of three or four witnesses material to the defendant's case. Of these affidavits I shell not now state the Particular., because in a criminal case it cannot be expected 'that a defendant should expose the nature of his testimony. Suf fice it to say then, that Mr. William Wakefield has been advised by his Counsel, that the presence of certain witnesses was mate rial to his cause, that his cause could not he satisfactorily proved without them, and that those witnesses were now abroad, hot would return the next Spring Assize& You see, my Lord, that up to this •time there had not been sefficient opportenity to sue out process Co compel the attendance of , persons out of the juris diction of the tribunals of this country. The affidavits are ex press in stating that these witnesses are expected in the course of a short time. This ground alone I eithmit would be sufficient for putting off a trial for felisny ; hut there is another ground to which I now invite your Lordship's attention, and that is, an appeal to your Lordship* discretion, too strew, think, to be resiAed....- I say nothing now of the nature of the offence charged against the defendant; nor of the excitement of strong feeling, anti properly strong feeling, nor of the means taken through various publica tions in a neighbouring county, unhappily, to keep alive, and give force to that feeling; but I ask you whether it is .consistent with the due administration of justice to proceed with this trial, but alter the most calni end advised consideration? Now, my Lord, this ,is a circumstance so forcibly appealing to the discretion of your Lordship, as a Judge, that it is impose. Bible for you to do any thing else but yield to the applica• tion. And I .ay this the more, because AS by yielding to . it ,no harm can be done, for as 411 the parties must he here to , try another cause/it the next Assizes--as the same ex pence must be again incurred, and as the mans question in this case depends not , upon this guilt or innocence, of this defendant, but of another who is the principal,_under all these circum stances I ask whether, in -the ordinary course of the administra tion of justice, it is not usual for Judges to say to , prosecutors, " Why will you require a public investigation twice?--there is no occasion for it on the present occasion. All the partite here are implicated in the same conspinicy—they, are arc all joined in the same indictment, and the Court does expect that you will not presi on the indictment when the material part of the case must he tried again." Now, my L or d, I press t hi s point upon your consideration more forciblyebecause in the event of a pa r t o f thi s case being made public, there will be no hope that justice can be coolly administered, for it is hopeless to expect a fair trial if your pordship will take any, other course then that we now solicit you to take. The developement of the proceedings of this trial must of necessity, have the greatest influence on that which is to take place at the next Assizes. But there is another topic which I would wish to press more strongly upon you. The prosecutors think, and of that there can be no question, that this is a trial eo impottaotr—that there is in it so much gravity, difficulty, and novelty, at to require the fi r st {assistance, and especially that of my Learned Friend. the Attorney-General, whom we are all this to se e, and shall be glad to see here second time upon this 'and' other occasions. I say, the very bringing hiM here; in ,ion to the well-known talent and ability of the bar of the' Northern circuit, proves the great importance of the case, and how necessary it 'is to come to its consideration with all poss ibl e gravity and well-advised deliberation. There has been no proceeding under the statute .of Philip and Mary for at least a century, and therefore we are now about to enter upon this ease without those 01°dern and Wag-defined authorities, which precedents of late d a te in courts of justice w ou ld f urn i s h to us. I sin I peed OM pay most inoffensive say, therefore, moat "cereiy, and to Any learned individual; that I would advise, and have advis ed my client, nut to rely ripen the ; decision any one Judge, but" to remove his trial by certaorart into e superior Co ur t, w h e r e by he i would have, in the first instance, a more select form of trial for an offence, free from those prejudices winch the very nature of the case le calculated' toylike up, except in the best-informed minds, —but secondly, that assistance to the Learned Judge himself, by the appeal which there lay from ,him to a higher tribunaL then which there ran be no greeter. consolation. to a Judge, when ere. gago in the serious task of Administering the et, sfitetippto these. huitt!digatice o f the count e - r Far it certainly Tnuet a great ot s learned persons, the road is not clear before,tbein, and, th a t puints,of to Complex and,novel nature may be rsitied, to know that their decision' is not final, 'and that another opportunity is given 'confidence 'I may have in for revising end correcting it if it be wrinig. Therefore whatever teitily no one has more—with respect to the gentleman for Your 'Lcirdship's judgment—and 'ter biid best sissist .7,h_O_rn I appear , . I Intuit contend that he is entitled, under a Halle of eminently Cud a nature, to th e. fir st 1 4: " . . and to all those ad a ; tag which caution and research cau g iv e him, that hiero y bVen at if onvictod, that that result did Oot emir fro m 4 1- y r aatig lor :udgraeut. eases of Misdeineanouli "w er b " s of um* h o ar . j ell is not one of an ordinary 11.4 tut,,, is c'ertainj,",t-11,1!'.1),,ft,sen,,clhecre 1111 allow ed the de-, fondant to reoie'seti,;cist into `,.e upon allegation being th e 1). King ' s • to a fair investigation of the rnattv iat a Special Jury is n that mice; Court of t ick' fiends, and t thin, allow rise certiora r i, a , course, and even as a rul in the fi rst instance. t • matter of t d But it has been said, I tint ers an , rn slla t Court will, upon ,het, by a clause in the Act of Parliament, defendant hate moved for the eertiotletei, ie fore t h e might .fiutud. - Now, looking at' this Act the ttl "- WO% it is c!ear, at the first blush, w as n o t * armunentl w it does not touch the preeint ease. pupated by a lawyer I find that d . , ttn tat was cannot be moved fur bat in Term t* Pot, inaionuch • certiorari me, and as A party may be FRIDAY:EVENING, AUGUST 18, 1826, brooght to trial though no Term intervened between the comt mission of the offence and the arraignment, it is clear that this Act cannot be universally applicable. Our case is m,- here that the defendant had not time to apply for a certiorari in Term, but I will state to your lAn-dalrip why, under his peculiar circumstances, hie application would not have been listened to. It was for some time. a matter of doubt with this defendant and his Counsel whether the offence with which he was charged did not amount to a felony. The Court of King's Bench participated in this tuicertainty, and; with that cautious solicitude Oct to do any thing which would at all interfere with, or influen ce th e u l ter i or p r oceedings at the Assites, the defendant was admitt e d t o h a il, a nd eventually libe it • libe rated, upon giving setafi ctoi y surety. His brother was soon after taken up, and, after long investigation into the whole of the case in which, of course, as be was principal, the question was more immediately raised as to whether the offence was a felony or mis demeanour,Magistrates finally Osomruitted him for a felony. But h co ul d the Mr. WillieruWakefield say, till the bill was found, whetheir he was to be indicted for a felony or misdemeanour? and this igtiorance alone would have opposed an obstacle to him in the Court of King's Bench, for that Court will not hear an applica tion for a certiorari before the iteltiorneut be found. The Court would naturally say to him, " How: uan you ask for a certiorari until you are assured upon these two pointi._namely, flit, that if an indictment for felony be found, IS of course, make the ie inoval hopeless ; and, secondly, : hiscirise if we do not grant you a certiorari, the terms of it must he speeial—and how can you silly what terns you are to use, when yon are ignorant of the form of indictment which will lie preferred against your The prosecutors may pre fer a bill for conspiracy, or something else against you, and how can you meet this supposed cue by anticipation? Theo again,with respect to your brother, he may he indicted for felony, and if that Oappeo, he meet, of course, remove the indictment into this Court; and, inasmuch as lie is connected with you in this charge, we cannot grant the certiorari now, hut yonr ease cannot be thereby piejudiced. You will still have the opportunity of ap plying to the Judge of the Assize, who will use his discretion, after knowing the exact, nature of the charge, whether lie Will suffer you to remove the cause into the Court of King's Bench or not." It is upon that discretion of your Lordship that we 'now rely. The whole state of the cue is now before you. We find that the charge hae been reduced to indictments' for misde meanour against all these parties. Having, therefore, ascertained these facts, we now apply to the Court for a certiorari to re move this cause. An indictment for a misdemeanour has been found against both the brothers. An indictment for a conspiracy has likewise been found against both. That one of these gentle men was not bound to go 0' trial, there can be, no hesitation, for that light occurred to him by this statute as icon as the hill for iniadeineenour was found— Mr. Justice Peee—And I have acted upon that. Mr. Sceatarr—l know you have, my Lord. The way in which I wish to put my care is this—will your Lordship, by pro ceeding with the trial of this defendant now, give to the prosecutor the satisfaction of two trials, namely, first his, and secondly, that of his brother? What the result of the application for a certio rari, on behalf of Mr. William Wakefield, may be, 1 will not now *Ay, hut 1 can venture to profict, that the uncertainty of bringing one party to trial. where perhaps, he may be connected, whilst another, and the principal, was still untried, svonld,heve great in fluenee with that Court. Mr. Justice Pasta---Is it, then, a matter at course for a party to remove his cause into a superior Couit, upon an allegation of the necessity of a Special Jury? Scootarrr—l pledge my experience to that practice. Mr. Justice Pans:..--Aiiii that is some experience, Mr. Scarlett. (The Attorney-General'end 'Broughain seemed to express their 'dissent from this 'general assertion ; but Mr. Scariett !told, " Nay, Gentlemen, I have bad some experience in these matter*. Giye ; me leavct—Mr. Justice Park, " Soyoti have, Mr. Scarlett, and so have I too.") Mt. Sc c PAM eOlt6lllltd-1 it here, as the prectiot of the Court of King's Bench, that, upon 'affidavit made by a piety that a Special Jury was neeessery to his cause, Anil that reasona bl e grounds were laid to convince the Cinirt diet it was a ease of smile a description, they always graetetise eertioreu:i; without even re quiring the , arty to take out a rule to show cause in the first in stance. It is a motion I have myself made surcesatully, over and nver write Supposing then this to he it case in which the Court above would grant a certiorari, of which there was no doubt, what will the result, if 'William Wakefield should be now tried and convicted, whilst his brother, who is really (though not techni . rally, for this is not a case of principal and actreary) the,co-prin cipal, should be acquitted ? Why, what inconvenience will it not lead to? What ridicule, I was going to say, will it not cast upon the administration of justice? Thus, upon a solemn investigation of the law, and of the indictment, you put a party upon his trial, and, without saying any thing of the merits of the case, peihapa convict, and subject him to punishment----bini who is only the ac cessary—whilst the other, who is the principal, is still at large, and will be so to the neat Assizes. Mr. Justice Paax—You are aware, no doubt, Mr. Scarlett, that all the inconvenience to which you allude was fully discussed in the care of the King tt. Stamp Sutton Cooke, which was tried before me on the Oxford. Circuit.. There the principal mat riot tried at all, but the accessary was put upon his trial, and, as you all know, finally sentenced in the Court of King's Bench. . Mr, Scenor.rr—Yes, my Lord, I know the case to which you allude ; but there the principal, if he may be so called, to conspiracy, could not be found. If, indeed, it had been sug gated in this case, that the defendant was a person domiciled out of the King's allegiance, that would be an important -question in this ease ; .but no such ouggestion is ; m e te. I have stated,orny Lord, the general practice In the Court of King's Bench; but the only case that now occurs to me, is that of Bacon v. Fife, which occurred in Yerkshire, and in which your Lordship was Counsel in the case. You may, perhaps, remember the ogle. Mr. Justice Peax—Oh, my being on it, is the very reason, perhaps, why I do not remember it. Mr. SCA MATT—III that case two persons were indicted for con spiring to effect a man iage with the son of the prosectitor, w h o was then a minor, and of weak intellects. Upon application- to the Court of King's Bench, that that was not a fit ease for the or dinary tribunals, that Court granted a criminal inforrnitioa, and directed the cause to be tried , by a Special Jury. Your Lordship cc:milord the defence ; and it then appeared that the party in the cause was a young man not of strong capacity, and under age, and who has been More Confined. The charge against the defend ants, riatoely, the young woman and her father, was that of tar rying away this young man' to Scotland, and there effecting 'a marriage. NoW, grave as that charge was, and one,. we' may presume, with every leaning in the Judge's mind against the pri soneirs, heWas, in the result, obliged to direct an acquittal. That close: was a special Jury on e, and ena may hazard a conjecture whether theierdict (the case being so much One of feelittg)erOuld have been such, if it had not been to tried. ; The parties never went before the Grand Jury. This is the only case t h at I can now recollect; but I assure your Lordship that it is the practicer:if the Court of King's Bench to grant •the certiorari upon all applies tioni which state a Special Jury to be net-votary to the d ue i neee . tigation of the cue. Our position isi that under e ver y v i ew o f t hi s ease it is one which requires a Special 3 ury, hut More particularly beceuse it is dean-Able that the (tenure' of a. single Judge upon novel and complex Point/ oiler, arising out o f an ancient statute ahmild not tie final, but that opportunity should he given the other Judges of the Court out of which the record would Come, to decide opoo and affirm, or , °vertu! o those primary deci sionn. Upon all these grounds, therefore, we apply ourse l ves t o this occasion. Th e y make no suggestion, nor d o we as k th em nn Your Lordship's di scr etion, that you would not try th ese prisoners •to Take any, of any particular, urgOneYs which there may be to proceed with the trial; if there bt any such suggestion, it must be upon affidavit, and we Will then consider it. I could suggest wee) , and most. important goods of objection to their proceed ingti new, such as the admissibility of witoeitim, and other points of ftrei4 iiirpo r t ance . But I do not rely u p on t h em, be i ng arixonse : however great my confidence be in y our L or d s hi p ; to advise My client pot to repo of single Judge,o in the judgotent butitis entitle Itiniself:, all legal means, to the after-rerision of all tile Judifea: 'with *egad to a. derision so highly penal to him. I tae confidently, but reiptetfullYs that 12 ,s is fit cause for Special Jury. It ea mso s,:, in d it is sot our object , to defeat the endil of justice, beesosie we are able to give haul; sod ample bail, for the defendant's appearance at the next ; but we are c erisinly anxious to disappoint that prurient appetite fur slander which would amplify these proceedings by taking them by helves. ----Aii't‘ 13)4 ' ~ Ai." ' : -, . ii,:,- , --8,f.. ,:. • 1, 1",;:,- ...fi - , c,- , AiviMiii w.;4..;...-b - 1, 's. V - • : ti - -.1, - ' '''' ' *14.... ~ , to.N • -.I oi , , ho • -ft PRICE ID. trust, my Lord, your Lordship. will aid us in that object, by not separating these proceedings. The Learned Counsel handed in his affidavits. Mr. Justice Panic—ln strictness these affidavits timid be now read. Mr. Scatuar.rr—We have no objection. Mr. Juitica PARK—Then let the affidavit be read. Mr. Hopkins, Clerk of the Course, then proceeded to read the following affidavit " The Xing against William Wakefield indicted with Edward Gibbon Wakefield. "The Xing v. William Wakefield, indicted with Edward Gibbon Wakefieki, Edward Thevenot, and Frances Wakefield. " William Wakefield, of Reading, in the county sif Berk', Esq , one of the abovemamed defendants, and Joseph Deniso n , of Manchester, in the county of Lancaster, attorney for the abovesnamed defendant, William Wakefield, severally matte oath and gay, And first this deprs ^ vent, the said William Wakefield, Or himself, ;with, that two several . indictments have been found against him, this deponent, by the Grand Jury for the County Palatine of Lancaster, at the present aillittn, holden in and for the said county, for a misdemeanor, in one whereof he is chis!ged under a certain statute made iii the fourth and fifth year of the reign of King Philip and Queen Mary, with assisting in the taking:od conveying away one Ellen Turner, and procuring her to be married to the above-liarned Edward Gibbon Wakefield, contrary to the form of the statute ; and in the other of whith indictments, lie is. charged with conspiracy with the other defendants therein mentioned, to nrocilre by unlawful means, the said marriage to be effected I to both 'which A . indictment.' lie, this deponent , heti) pleaded diet he is not guilty t e vent , run he is advised by his counsel that he may be tried upon t e first of the same at thews ass_lees„ And thin depengtits further r at seal, t ' from ' the time of the a l leged' commission of - the offender with which hi' has been charged as aforesaid, down to the middle of .June last, various paragraphs appeared in a certain paper,. called the, Nlacistkaeisam Cot-sue a, which as this deponent has been informed, and believes, has an extended circulation, and la generally read in many parts of this county, giving .an unfair and untrue statement of the facts relating to the same alleged (Aimee, and tending in a very high degree to inflame the mind of the public against this deponent; and in proof of this, he, the deponent, 'craves leave to refer to a copy of a paragraph from the MAcCLIonrIKLD Coustee of the date of the 10th of June, I'M,. marked with the letter A, and hereunto annexed. And. this deponcot tbrtheesaith, that he bath been informed, by his brother, the said Ed ward Gibbon Wakefield, and which information he verily believes to be true, that it is his intention to apply to His Majesty's Court of Kingls Bench,' at Westminster, for a writ of certiorari, to remove the said two indictments, as found against him the said Edward Gibbon Wakefield,' and to bring the same down to trial, at the ensuing Spring Assizes, be fore a special jury of the county of Lancaster ; and this deponent, the said Joseph Denison, for himself, saith, that he is informed by his Counsel, that severer questions of great nicety and difficulty, in point of law, :tie likely to arise upon thefttial of the said indictments, the more parieularly as be is informed that no prosecution has taken place under the said Statute of Philip and Mary for a via) long period of years, and that there are few if any, judicial decisions upon the said statute; and the said deponent; seyerally say, that, tor the reasons above stated, it is extremely desirable and they are very- anxious, Mat the trial of this deponent, the said William Wakefield, maybe postponed to the ensuing Spring Assizes, in order that there may be an appeal to the Court of king's Bench upon any question of law which may arise, and that there may be time for the ferment at present existing in the public mind to be allayed, and that the Investigation may take place before a jury whew superior rank and station in life may protect them from any popular prejudices. And these deponents severally say, that since their arrival at . Lancaster, during these assizes, they have far the first time ~ learnt, arid been informed, and which information they verily believe to be true, that Richard Radnell, of .Ashenhurstshall, in the county of Stiffer*, Esq., can give material evidence for this deponent, the said Willifith Wakefield, upon the trial of the said indictments, but that the said Richard Radnell is now absent in France, from which , place he is ex. peeled to return in the course of a few weeks. And these deponents se. verally flirther say, that from the circumstances above mentioned, it was impossible to serve the said Richard Badnell with a subpaasi to app pear at the present , asaisess ba, that they verily believe they shall be able to Procure his attendance at thp assizes to be holden, in the ensuing, spring: And this depone n t, the said William Vi'akefleld, for himself, saith, that he is informed,ainct believes, that on or about the 2d day of August, instant, collies of subprenas were sent .to . Mrs. Hurt fatWcil, Miss Harriet Hoare, and Dominick laaly, Esq., who were at that time in France, requhin their attendance : at tie present assizes on behalf of this deponent ; an d this deponent had reason to believe, irom the an. livers sent to hiln by the last mentioned peruia, and did Slily believe and expect, that they would have attended, .in p ursuance of the said subeeenas, but that - neither the said Mrs. Hurt Sitwell nor Harriet !Ware have yet arrived. And this, deponent fitither sant), that be verily believes and expects that the said Mn.s Hurt Sitwell and Hataiet Hoare will be in England, where the said Mi. Hurt Sitwell usually resides, in the course of .the ensuing winter; and that he, this deponent, wUI. be able to procure their attendance at the next a.ssizes. And this deponent further saith, that a letter has been received from the said Dominick Daly, in which he stated, that from a paragraph which he has read in the Sex Newspaper, he : understands that the trial of.this deponent would-not take. place at the present assizes : that in consequence thereof, lie should not attend ; but this deponent verily believes and expects that he will return to England in the course of a tow weeks, when he shall be enabled to enforce his attendance at the next assizes. And this de ponent says, that he has used all the diligence in his power to propure the attinutatiee of the said Mrs. Hurt Sitwell, Harriet Hoare, 444 Do. minick Daly; and both these deponents severally say, that the? have been advised by their counsel, and they do believe that the said last seen tiOned persons, mid aiso the said Ito hard Racine% are material and ne. (misery seitnesees for the said 'William Wakefield, Ansi that without thatr evideritie. he eapsset 6 . 1 b1y procoori to the trial of the eaid indict . mesas, or eisher.tif miens. .4 W11.,C1 A AI 'WAKES TELD. " Jelsell'lll fiXtelsON. .lu,tiee Pkiik took TlrOtiot of the material point, of th e of fidavit, particularly where the deponent Algid he had first heard of the inaterialitY of Mr. Hadtiell'sevidenee. In allusion to the alle• gation that the vritnessem were in France, his Lordship asked— " Does he say that he expects letters from them ?" The Clerk reads—He expects them here, but they are not yet arrived. Mr. 'Justice PARK, (to Mr. Scarlett)_Do you wish that the paragraph in the neWapaper ( Sin)' eihould he read ? If it is read here, it may serve to propagate the report which this party alludes Air. Sea Larr--By no meant, my Lord. Mr. Justice Pang—Then, Mr. Attorney, I will hear you. The ATroliNsv•-Getetitax.—.-My , Lord, it is my duty to con tend before you, that the application made by my Learned Friend the Attorney-General (Mr. Scarlett),, cannot be supported either with reference to the Statute to which he has referred, or to the affidavit* which he has handed in. In the first place, I beg leave to call your attention to the situation in which the defendant now stands. So far back as April last, application was made to the King's Bench, to admit him to bail, with xeferenoe to the mat ter with which he now stands.charged. Upon that occasion he appeared personally in the Court, end the whole subject of the charge ageinet him was investigated in' his presence. It appeared by the statement made, on oath of several persons, that he with his brother, by imposition and fraud, obtained possession of the per son of the young lady mentioned in the indictment. It further appeared, and was stated in his pretence (which is material for your Lordship's consideration); that by a succession of falsehoods, which I will not now eheracteried, they persuaded that young lady to go with hiM into Scotland, and that by that system, and by working upon her feelings in a particular way, they persuaded her to contract a marriage with his brother. It appeared further, that by the same persoasions she was induced to go to Francs, and that it, was by the exertions of her tether's relations and friends, that she was recovered from those who had obteined possession of her person. All of this was stated to him in detail, as the sub stance of the charge against him. So far hack as April, there fore, it was discussed in the Court Bench, whether the offence charged upon this pereon was not a felony under the statute of Henry the Seventh, because, if it was, that Court could not admit hint to bail. But after discussing the. matter, the Court decided that it was proper to admit him to hail, and he was ac. cording)) , brought up for that purpose, end discharged upon giving bail satisfactory to the Court. But upon that occasion, et my suggestion herein the Court, a particular form of recognis ance was entered on his behalf, by. which he undertook to appear here and answer, pot this p ar t ic u lar charge.under the statute of Philip and Mary, but any other indictment which might be framed upon these facto. These fact_ will be eXhibited in Affidavits before this Court, I mention them now his defence. It is in this way, to show yotu ' Lordship that the individual no w accused had had ample opportunities for prep arin g meet the argument of my Learned Friend,'Mr. Scarlett; who gtriiveed by a pe s tt p y rcial Jury. Some observation has been made upon to y ou r Lordship to accede to thi s app licatio n , in order to les an o pportunity of applying for a certiorari to be a late Act, which was made for the wise purpose of preventing those delays, which formerly occurred in eases of misdemeanour. My Learned Friend seems to think that under that statute, he ha d no opportunity of applying for a certiorari. But 'it it every day's. w h er e ninny persons are charged misdemeanour for one to app ly for a certiorari, and the Cou rt will grant th e wr i t to practiee, that one, though in the application, `the others - do not . join. In an instance of late occurrence, where 'My Learned Friend, Mr. B r ougham was concerned, severe' parties had been indicted for conspitech but one only applied for the writ; Objections were made that the other' -did not join in the application, hut the Court said that consideration should not fetter their discretion, fvr that they would grant the certiorari if upon other grounds they thought fit. Mr: Scarlett has said that this statut e was `not framed by lawyers, as must appear by 'looking at it s provisions. Now whether it is so or not, Ido not think, with submission, that material to your Lordship's consider.: at i on . Your only inquiry, 1 apprehend, 'is whether or not Wm. Wakefield had opportunity enough to apply for a certiorari. Nei• ther does it matter, whether it he neeeseaey to make the applica4 t i on for that writ in Term time, or not. What is certain is, 'that ranl)Z4M this matter took place , ;ast Chrnitmas—that Twr terms have gone by since then, and that the defetidant might have had a certiorari, for a special Jury if he thought fit, If he had thought proper to apply for it, it would be for the Court to say whether or not they would accede to the application ; but Mr. Scarlett speaks too strongly in stating that it is a matter of course to grant it. The Court will in this, as in all other cases, look at all the circum- ►stances, and will ray whether it is a case for a certiorari or not; , . but it was a euilicient answer to that arguinent to say that file s defendant had had time eno of h to apply for the writ if he thought proper. This he has no ue ; and therefore, upon that point, there is no ground for pos fling this case. My Learned Friend says, he could not get a Special Jury, unless by removing the cause by certiorari into the King's Bench. But by a late Act of Par. lisment (6th Geo. IV., sect.' SO), the defendant might apply to your Lordship, sitting here as Chief Justice of the Courts of the county Palatine of Lancaster, to grant a Special Jury in any CASA under treason or felony, in the same way as if the application bad been made to the Courts above. And indeed, it had Non the practice of this Court so to award Special Juries of its own au- thority.lr justice Mr. Scautarr—By what authority? Pmax—l certainly, as Chief Justice of this county Palatine, can remove- a cause by certiorari into the Court of Common Pleas of this county. And Mr. Attorney.Getteral (Mr. Searlett), high as is your authority here, you are, perhaps, not aware, that I do E so, not by my commission as Judge of Oysr and. Terminer, but as Chief of all the pleas of the county. I will, however, question the officer on that point. Mr. Horxtne bore teatitnony, that for sixty beer• it hid been the practice to grant writs of certiorari for Special Juries by the Judges of this Court on their individual authority. Mr. ASPINALI., a preceding officer of the Court to fib. Hop. kills, spoke to the tame purpose. Mr. Scaas,Err—Cartainly, my Lord. I recollect when Chief' Baron Maedonald wee on this Circuit, and your Lordship wee Vice-Chancellor of the Duchy, that I applied for a certiorari to remove the cases of the rioters at Ulventon into the Civil side, the ea le was tried on the Civil side. Mr. Justice Paul—Then tbere must have been a certiorari. Mr. Scatreterr—Certainly i ony Lord. toil lS h lr t . l A lit ex :p tt p ;v ed .G fo tt r et i e te n fi a r e s — t i T o he t n he , m Ki y L og, o b rd, i3„ i c t ii, is to p id la tt it; i ty t h io the Court before your Lordship. The argument, therefore, that this is a proper case for a special Jury, but that the defendant bed not h has ie a t d t t h h e e t o im pp e or;Lun , itz td of i a t p is pi n y o ntif t f o o o r late to ottrigtorsttihrbersatatitoibeie4e. tion. But says my Learned Friend, "' You will surely poetpents this cause, because of the complexity and difficulty of the questene at' besue." . For myself; I must say that, looking at the language' of the Act of Parliament, that appears so plain, that I rennet imee 'sine its interpretation to be attended with so much difficulty.— 'Beeides, if any very novel or great difficulties occur, why may not your Lordship reservii these points for the grave consideration of e "superior Court above, as has been done in other Cates ? 'That rheoruLp'da'rtthoefrethtberec'asfea,iltst.hthicebdmefeyndLaenatrnael4so.priettl u° to, but which forms a prominent part of the affidavits read in dl 7; ie co n tn ot e a t tive o au rte cl d. Court.: It appears that some time ago an article appeared in a newspaper printed in another county, in which the view taken of the subject was disadvantageous to the ties fendant'it conduct. That paper is the Macclesfield Cowie,. —a paper printed seventy or eighty miles front this place, . 'and which will be shown to your Lordship to have but a partial circolation in this county. This article appeared as far back as June last, and was, besides, (what is most impoitant) in reply to an article in another paper of the same Plate commen datory of the conduct of these parties. One wonders that nn making this affidavit, the gentleman did not state that he had 'nothing to do with, and was not connected, either directly or in directly, with the article which was so much its favour of the de &attune, which it was competent to hint to do. Another circum stance to which I would draw your Lordship's attention i* the defendant complains of ,the mode in which the public press has treated this subject. But what will your Lordship think of this defentlaist thus complaining, if we should show, as we shall Show, that they caused a long account to be inserted jai simblio newspaper (John, Bull). of all these proceedings, in whitth. he threw out the basest in/initiations against the character of the young lady, but which article be afterwards disavowed when he found the disgust which it created in the public mind, *hail show that le statement was published by the authority of a re lation of his now in Court. That E. Gibbon afield adopted it, and sent a copy of it, with a wrappevin hisliand-writing, to Mr. Turner, the father of this . young lady. What, then my Lord, is to be thought of his complaints of the. public Press, when we find him making this infamous use 9f it himself? Another reason for postponing the trial is, that a witness, named Daly, is not forthcoming, because, 'for sooth, he had read a paragraph in a newspaper, that the trial was postponed. We all know what these artieles allude to. Why, time not Mr. Wakefield sworn, that lie knows nothing of thus pa ragraphs, and that he is not the author of them ? The absence of this material allegation takes all the force from this part of the objection, with respect to the public prem. But afttA. all whit its it, but that two months ago, an article appeared' in a Macchia field }taper, reflecting on the conduct of Mr. Wakefield, a paper n L o Or‘ P la r li ns ip te‘ 's l a w tt i e t n hi ti n on th t i : ts . eloicuiriuty 2 aterial ß ;r i t o l' f ow the w a i ffi sh da fi e ) i d t ir w e l t ie y l o i t i t e r the absence of material witnesses' to the defendant's ceuse.:' particular I allude to the allegations respecting Mr. Bagenal, .a 4 lady named Hurst Sitwell, Miss HOMY, and Mr. Dominick Daly. But I pray your Lordship to look at the way in which these affidavits are sworn, and say whether that is such as to post pone this trial. Of Bagenal these deponents say, that ; they bad not been informed of it till since the commencement of these Assizes; but that " deponents have been infoemed, lead do believe, that these witnesses would state something %mete rial to the defence." This was very vague swearing, nam e ly, ` their being informed that these witnesses could state acenetbiiiig materiel. They go on to say they " understand and believe, that these witnesses are now in France," hut they do not, state that they had not taken the usual precautions of making inquiries at the place of residence of the absent witnesees. With respect to the Lady Hurst Sitwell and Miss /foam, they state that they bad caus ed subprenu to be sent to France, but this was only "on . or abont the 2d of:August," or about a day or two before the Maims wherias this was all known to these parties in April last. It does not appear that the witnesses ever received three oubpatuas is France, nor in what part of France they were. All that apPears is, ",that from answers received, the,deponent has reason to lut• here that they will return won, end that they are expected." Mr. Justice PARK—There is one observation which must strike, &very one accustomed to read a ffi davits. I observe that to mist of theallegations the deponent Wakefield himself only swears, and; that he ie not joined in them by, that very respectable man, Mr. Denison. Mr. ATTORW tY•GIENIERAL—Who is the pereorewhose business it is to serve these mammas as the attorney of the party. In this ease, therefore, your Lordship sees there is this peculiarity, that the party himself swears to the service of .the documents which it was properly hit attorney's business to serve.' He only says by answers received—to what ? Mr. Scaiterrr—Lettere. Mr. +A,rsoauiv e Gessita3.—But it does not appear hu ever wrote any. We cab only know the ease from the affidavit.. Thee* are short, for there are only four or five aides to them, but theta affidavits, abort as they are, have been compiled with the utmost tare.. I win all yesterday anxiously waiting to see these affidavits, but could not. They have gone as far as they could, and as near the wind as possible, but still they . are not .able to mike nut a case. It is stated that Mi. Daly has been prti vented coming in comequence of a paragraph in a newspaper, but not a word is said disclorqing the 11 0 110 "hiP of these paragraphs, and therefore the absence of material witnesses, which is the strongest point in the affidavits, is insufficient to postpone this trial. I haye now gone through all these affidavits, which I aP prebend do not disclose sufficient grounds for putting off the. trial. In a criminal indictment for misdemeanour, we, the pia oughtutin toevery proceed, i t: and this is is mouton, have a right to try eac h separate l y , un f ree some very strong case be made nu t f or p ost p on i ng t h e t r ial. B— prfoocr-teydoiunr L g, l ord sur io it t t o ha l t ay th i ie he e t i h es ei l grounds strong enough have been adduced for postponing it, and thereby in some degree defeating the' justice of the ceentrY- Mr.' Juetice PARK now desired the affidaviti fix - the prosecu tion to he read:. 4 E. G. .Wakefiald. The king v. Win. Wakefield eto . Wakefield. Th e King v. Wm. Wakefield an d Frances Wakefiel d. c h at i e vant. „„d' o ld, in the county of uzit ~,,.. Thomas Grimscliteb. of Afeett,----„h"e named detendant ie. • t gai maketh oath and midi, that t 'l7-"iyieudis, have, at, this ddi , hottiii n.. t . field and Wm. Wakeheiti,q th.o., caused tasty paragrallT im b egt .„,. been informed and verily r.t...m t a m i on? s hi ms a n t rotair an .. ..., it ersit .„ . ed in di ff erent newsp*Poro "' .....weet,reatter of these ttiveastitraA' h , mdfltt, merit regardinit the -- n - t - Ipeared' in a newspape_oo `0716, a men Ad fatly in a statement fvfi e ort to shout the Vilna toot aftevaut. called the Jon* Iltett , il d, wukth , a id 0-Atontent thlniir,,, Ati n t ry roma deponent bath isoon*Za th e t j omion tout wro t h dsoponent . inciter taw and read in 177 4ru of the ktritoom , mi ~. .004 the said f.. ti, Wake. papers ,... .hf t a h .,'"7 l wars MR:t rifled ati...,,,,,d tletii . rt.. oa printed and publialitoft ' la ,,, i , t r,_ a l;i o - si t ie hist Mentiptiett " i fiTirondet the title Or'. A *tate -- -'- 1, ` d extensively eiredls t.., tt waheiteiti . Kv ... __,, tot 4n latto t regarding the.snars oh that ttt . bath in t;ts by Vitrat: l ,, - F o i l deponedit,t um drag to be wilted by ~ vv. 14 1" i „ Tui tt , "— lli of the sakstr a r i t s t 'Mt: t-lave, London," to winch itt.; • u t : ti printer, .Rol to Iwo . And this deponent saith. that 'tit' IP en,fl:m2r,lliy,..last hc ealltxt uPee the iftid. Mr. Itioi t r, ba t ,1,1 t epon 1i..• 4 P e of e auther of lilt eniployer ,wheti 14t 00 or at"" -.......A tbe ' II v w"- the clerk to Multi Wakefield, Hens, and d......---of the name Cl Garrod, a produced* persou . .. -